Salvador P. Simao

Partner
Berkeley Heights,  NJ  U.S.A.
Phone973.646.7302

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Experience & Credentials
 

Practice Areas

  • Employment Law
  • Global Legal Services
  • Government Contractors
  • Healthcare
  • Hospitality
  • Litigation
  • Long Term Care
  • Retail
  • Transportation
  • Wage/Hour
 
University Seton Hall University, B.A., 1994
 
Law SchoolRutgers Law School, J.D., 1997
 
Admitted1998, New York and New Jersey; District of Columbia; U.S. District Court for the Eastern District of New York; U.S. District Court for the Southern District of New York; U.S. District Court for the Northern District of New York; U.S. District Court for the Western District of New York; U.S. District Court for the District of New Jersey
 
Memberships 

Memberships
American Bar Association (Member, Labor & Employment Section, Federal Labor Standards Legislation Committee)
New Jersey State Bar Association (Member, Amicus Committee)
Somerset County Bar Foundation (Board Member)
Hispanic National Bar Association (Benjamin Aranda Lifetime Member)
New Jersey Supreme Court Committee on Model Civil Jury (Appointee, Model Civil Jury Charges Committee)
New Jersey Supreme Court Ethics Committee (Appointee, District VC Ethics Committee)
New Jersey State Bar Foundation (Member, Program Development Committee)
New Jersey Supreme Court Model Civil Jury Charge Committee, Employment Law Subcommittee (Member, 2011 - 2012)

 
LanguagesPortuguese (fluent)
 
Born1970
 
Biography

Sal Simao focuses his practice on the representation of companies in employment law matters with a specialization in wage and hour litigation and compliance.

Sal also frequently defends employers against allegations of age, race, national origin, disability, and sex discrimination; sexual and racial harassment; and retaliation. His litigation experience includes representing employers in wage and hour class actions, non-compete claims and ERISA cases. Sal provides Fortune 500 companies day-to-day employment law advice in developing compliance auditing tools, developing informal partnership agreements between the U.S. Department of Labor (DOL) and Fortune 500 companies and training executives, human resources personnel and managers. Sal co-chairs the discrimination international practice group of Ius Laboris, the global human resources law firm alliance of which FordHarrison is the sole U.S. member. He is also on the Board of Directors for the New Jersey Motor Truck Association.

Earlier in his career, Sal was a Trial Attorney with the Office of the Solicitor of the DOL. During his time with the DOL, he litigated a number of novel and high profile wage and hour cases. He also negotiated several unique settlements, securing remedies that were otherwise unobtainable under wage and hour statutes and which served as models for future settlements. Sal successfully represented the DOL in Sereboff v. Mid-Atlantic, 407 F.3d 212 (4th Cir. 2005); which was later affirmed by the U.S. Supreme Court. While at DOL, Sal won several of awards including being the youngest attorney at the time to win the attorney of the year award and several Secretary Exceptional Achievement Awards.

Recent Experience
• Recently served as lead trial counsel in the US District Court, New Jersey defending a Motor Carrier in a Fair Labor Standards Act lawsuit involving the misclassification of owner operators as independent contractors.
•Recently conduct full wage hour audit of Fortune 100 company. The audit included reviewing classifications of exempt employees and independent contractors, the time and attendance /payroll systems and policies and training materials.
•In addition to representing employers in numerous routine single plaintiff discrimination cases, Sal handles complex and novel discrimination matters including the following:
•Conducting a complex analysis of payroll records to defended company in pay equity class action where on the face on the record the company seemed to discriminate against certain protected classes.
•Representing a corporation which was sued by another corporation for reverse discrimination under 12L of New Jersey's law against discrimination based on the company's diversity and inclusion policies.
•Routinely providing advice to companies in termination of employees and reductions in force to avoid disparate impact and litigation.

Recent Speaking Engagements
•ABA Independent Contractor Workshop, 2011
•ACI Wage Hour Workshop, 2010 and 2011
•Handling a DOL Investigation, Association for Corporate Counsel Annual Meeting, 2009
•The Hidden Dangers in Independent Contracting, NY Port Industry Day, 2011
•Owner Operators Liability: What You Need to Know, NJ Motor Truck Association, 2011 and 2012
•Hot Issues in Wage Hour Law, NJ Banker's Association, 2011 and 2012
•How to Avoid Wage Hour Landmines: A Practical Approach to Wage Hour Compliance, First Annual Labor & Employment Holiday Luncheon and Conference - Short Hills, New Jersey, 2011

Recent Publications
•Editor, Fair Labor Standards Act, BNA/ABA Publishing
•America's Work Force Has Been Transformed By the Recent Recession, Construction Today, May 2011
•How to Survive a Wage Hour Investigation, Practical Law Company, January 2010
•Tip Credits, Ask the Expert: Q&A, Fair Employment Practices Guidelines, August 2009
•Creating a Presumption that Owner-Operators Are Employees, Not Contractors, NJ Law Journal, May 7, 2012
•Labor: Paying Salaried Non-Exempt Employees Using the Fluctuating Workweek Method, Inside Counsel, February 27, 2012
•New Jersey Legislature Considering Increase to State Minimum Wage Rate, FordHarrison, LLP Legal Alert, January 30, 2012
•Labor: 4 Steps to Identifying and Handling High-Risk Independent Contractors - Reducing Wage and Hour Liability in 2012, Inside Counsel, January 30, 2012
• Labor: The Year of the Gotcha, Inside Counsel, January 6, 2012
•Inside Sales Exemption Missing From Revised N.J. Overtime Rules, NJ Law Journal, October 20, 2011
•Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt, FordHarrison LLP Legal Alert, October 13, 2011
•Employee Misclassification Relief? FordHarrison LLP Legal Alert, September 27, 2011

Publications
Resource Update: When Voting Rights and Politics Enter the Workplace
October 28, 2014
Diversity... Moving Foward - Summer 2014
August 25, 2014
New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature
May 22, 2014
Resource Update - Navigating the Shadow Workforce of Interns, Volunteers, Independent Contractors and Temporary Workers
May 19, 2014
D.C. Council Seeks to Amend Wage Theft Prevention Act
May 7, 2014
Legal Alert: President Obama Orders Changes In Overtime Regulations - What to Expect and When
March 18, 2014
Georgia Employment Law Letter
HR Hero
March 15, 2014
Legal Alert: Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014
March 7, 2014
Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk?
March 6, 2014
Legal Alert: Employers Must be Prepared to Deal with the Aftermath of the Recent Winter Storms
February 18, 2014
Legal Alert: Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure
February 7, 2014
Legal Alert: New York Law Makes Misclassification of Workers in the Transportation Industry More Costly than Ever
February 5, 2014
Legal Alert: New Gender Equity Poster and Notice Required for New Jersey Employers
January 30, 2014
Restaurant Industry Newsletter - January 2014
January 10, 2014
Legal Alert: Bill to Amend New Jersey Law Against Discrimination to Include Protections For Pregnant Workers Passed By Legislature, Awaits Governor Approval
January 8, 2014
Legal Alert: Proposed Law Would Amend New Jersey Employment Discrimination and Whistleblower Laws to Protect Interns
December 3, 2013
Legal Alert: New Jersey Voters Approve Minimum Wage Hike; Rate to Increase to $8.25 with Future Increases Tied to Cost of Living
November 6, 2013
Legal Alert: Jersey City Passes Paid Sick Leave Law; Applies to Employees Who Work At Least 80 Hours Per Calendar Year in City
September 27, 2013
Legal Alert: New Jersey Governor Signs Social Media and Gender Parity Laws
September 5, 2013
Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Oct. 1, 2013, Employers Must Provide 20 Days' Leave for Victims
July 22, 2013
Legal Alert: New Jersey Bill Would Limit Enforceability of Post-Employment Covenants
April 17, 2013
Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk?
April 1, 2013
Legal Alert: New Jersey Governor Conditionally Vetoes Minimum Wage Increase
February 5, 2013
Legal Alert: Proposed NJ Law Would Impact Certain Independent Contractors
October 16, 2012
Legal Alert: New Jersey Governor Takes Action on Gender Pay Parity Bills
September 28, 2012
Legal Alert: What to Watch in New Jersey - Pending Legislation
July 18, 2012
Legal Alert: Federal Court Finds Owner-Operators Independent Contractors Under FLSA
July 3, 2012
Creating a Presumption that Owner-Operators Are Employees, Not Contractors
New Jersey Law Journal
May 7, 2012
Legal Alert: New Jersey Legislature Considering Increase to State Minimum Wage Rate
February 27, 2012
Labor: Paying Salaried Non-Exempt Employees Using the Fluctuating Workweek Method
Inside Counsel
February 27, 2012
Legal Alert: New Jersey Legislature Attempting to End Owner Operators and Deputize Labor Unions
February 15, 2012
Labor: 4 Steps to Identifying and Handling High-Risk Independent Contractors - Reducing Wage and Hour Liability in 2012
Inside Counsel
January 30, 2012
Labor: The Year of the Gotcha
Inside Counsel
January 6, 2012
Legal Alert: Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt
October 13, 2011
Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt
Practical Law Company
October 13, 2011
Watch Out Employers of Commissioned Sales People in New Jersey - They're No Longer Exempt
Lexology
October 13, 2011
Legal Alert: Employee Misclassification Relief?
September 27, 2011
Employee Misclassification Relief?
Lexology
September 27, 2011

Presentations
Preventing an FLSA DOL Audit
May 7, 2014
Second Annual Holiday Labor & Employment Law Workshop Complimentary Seminar - Basking Ridge, NJ
December 6, 2012
NJ Bankers Employment Law Update Seminar - Monroe Township, NJ
March 22, 2012
First Annual Labor & Employment Holiday Luncheon and Conference - Short Hills, New Jersey
December 1, 2011

Media Coverage
Resource Update: When Voting Rights and Politics Enter the Workplace
October 28, 2014
When Voting Rights and Politics Enter the Workplace
October 14, 2014
McDonald's, Darden FLSA Fights Show Pitfalls Of Big Classes
September 17, 2014
More States Ban Hiring Discrimination Against the Unemployed, Feds May Follow
August 15, 2014
New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature
May 22, 2014
Resource Update - Navigating the Shadow Workforce of Interns, Volunteers, Independent Contractors and Temporary Workers
May 19, 2014
D.C. Council Seeks to Amend Wage Theft Prevention Act
May 7, 2014
Legal Alert: President Obama Orders Changes In Overtime Regulations - What to Expect and When
March 18, 2014
Employers Should Take The Offense During March Madness
March 17, 2014
Georgia Employment Law Letter
March 15, 2014
Legal Alert: Mayor Approves Newark Paid Sick Leave; Ordinance Expected To Take Effect Mid-June 2014
March 7, 2014
Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk?
March 6, 2014
Legal Alert: Employers Must be Prepared to Deal with the Aftermath of the Recent Winter Storms
February 18, 2014
Legal Alert: Newark City Council Passes Paid Sick Leave Ordinance; Mayor Expected To Approve Measure
February 7, 2014
Legal Alert: New York Law Makes Misclassification of Workers in the Transportation Industry More Costly than Ever
February 5, 2014
Legal Alert: New Gender Equity Poster and Notice Required for New Jersey Employers
January 30, 2014
Legal Alert: Bill to Amend New Jersey Law Against Discrimination to Include Protections For Pregnant Workers Passed By Legislature, Awaits Governor Approval
January 8, 2014
2013 Marks Year Of Increased Worker Rights In NJ
December 12, 2013
Legal Alert: Proposed Law Would Amend New Jersey Employment Discrimination and Whistleblower Laws to Protect Interns
December 3, 2013
Legal Alert: New Jersey Voters Approve Minimum Wage Hike; Rate to Increase to $8.25 with Future Increases Tied to Cost of Living
November 6, 2013
Jersey City Sick Leave Law Awaits Mayor's Signature
October 10, 2013
Legal Alert: Jersey City Passes Paid Sick Leave Law; Applies to Employees Who Work At Least 80 Hours Per Calendar Year in City
September 27, 2013
Legal Alert: New Jersey Governor Signs Social Media and Gender Parity Laws
September 5, 2013
NJ Paid Sick Leave Bill Would Ensnare Even Smallest Cos.
August 29, 2013
Legal Alert: New Jersey Enacts Domestic Violence Leave Law
July 26, 2013
Legal Alert: New Jersey Enacts Domestic Violence Leave Law; Effective Oct. 1, 2013, Employers Must Provide 20 Days' Leave for Victims
July 22, 2013
NJ Bill Could Shake Up Contractor Model for Port Trucking
May 16, 2013
Privacy Bill Veto Gives NJ Employers Reprieve From Litigation
May 7, 2013
Protect Yourself and Your Employees
April 19, 2013
Legal Alert: New Jersey Bill Would Limit Enforceability of Post-Employment Covenants
April 17, 2013
NJ High Court Poised To Clarify Whistleblower Protections
April 11, 2013
Legal Alert: March Madness - Could Friendly Wagers Among Employees Put Your Organization At Risk?
April 1, 2013
Know Your Risks Before You Make Your Bracket
March 29, 2013
What To Expect For NJ Employers In 2013
March 5, 2013
What to Expect for New Jersey Employers in 2013
March 5, 2013
Legislature's Radical Remedies For Wage and Hour Violations
February 11, 2013
Legal Alert: New Jersey Governor Conditionally Vetoes Minimum Wage Increase
February 5, 2013
New Jersey Legislation to Watch in 2013
January 1, 2013
Drafting the Perfect Arbitration Provision
December 3, 2012
Small Businesses Caught in the Crosshairs
November 1, 2012
Federal Judge Dismisses Drayage Lawsuit in New Jersey; Judge Says Lease Agreement Indicates Drayage drivers are Independent Contractors, Not Employees
July 16, 2012
Ironbound Express Wins dismissal of Teamster-Supported Lawsuit
July 3, 2012
'Inside Sales' Exemption Missing From Revised N.J. Overtime Rules
October 20, 2011
Movers
October 17, 2011
Law Firm Insider: 9/27/11
September 27, 2011

 
ISLN914421113
 

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New Jersey Bill Expanding Prohibition on Discrimination Against Unemployed Advances In State Legislature
Joanna S. Rich,Salvador P. Simao, May 27, 2014
Executive Summary: A bill which would expand existing laws to prohibit discrimination against the unemployed is progressing in the New Jersey state legislature, having been approved by the Senate and reported favorably out of the Assembly Labor Committee as amended. Existing law makes it unlawful...

D.C. Council Seeks to Amend Wage Theft Prevention Act
Salvador P. Simao,Jacquelyn L. Thompson, May 9, 2014
Executive Summary: The D.C. Council is seeking to amend the D.C. Wage Theft Prevention Act less than one year after the last amendment. If passed, the amended law would substantially increase penalties, create an onerous formal hearing process, impose liability on contractors for subcontractors'...

President Obama Orders Changes In Overtime Regulations - What to Expect and When
Salvador P. Simao, March 20, 2014
Executive Summary: President Barack Obama has directed the Department of Labor to "update" and "modernize" overtime rules to expand the number of workers eligible for overtime pay.

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Office Information

Salvador P. Simao

400 Connell Drive, Suite 5200
Berkeley HeightsNJ 07922




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